Plans to locate a 55-home development on Hwy. 164 has been approved by the Banks County Board of Commissioners.
The BOC unanimously approved the request from Oaks of Banks Crossing to rezone property on Hwy. 164 from Agriculture Rural Residential to Single-Family Residential.
“Thanks for doing this,” BOC chairman Jimmy Hooper stated. “You are fulfilling a need.”
In other business at the Feb. 26 meeting, the BOC:
•agreed to a proposal from Kendrick Maxwell to provide concessions at the recreation fields. The county will receive 15 percent of the gross sales.
•designated April as “National Donate Life” month.
For more action from the BOC, see this week's issue of the Banks County News.
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Town of Homer Arbor Day Celebration planned Friday
The Town of Homer will hold its Arbor Day Celebration on Friday, March 1, at Homer Town Hall at 2 p.m.
Document Destruction Services will be on-site demonstrating the secure way to destroy documents. Those who plan to attend can bring documents to be shredded for free.
Document Destruction Services will be on-site demonstrating the secure way to destroy documents. Those who plan to attend can bring documents to be shredded for free.
Horace Gee named public utility director
Horace Gee was hired as the public utility director at a Feb. 12 meeting of the Banks County Board of Commissioners. His salary will be $62,000.
Gee served as the environmental manager for the City of Gainesville from 2000 to October 2018, when he retired. He had also previously served as the industrial pretreatment coordinator and water treatment plant manager for the City of Gainesville. Prior to that, he was the water and wastewater manager for the City of Lula.
Gee served as the environmental manager for the City of Gainesville from 2000 to October 2018, when he retired. He had also previously served as the industrial pretreatment coordinator and water treatment plant manager for the City of Gainesville. Prior to that, he was the water and wastewater manager for the City of Lula.
Erwin files appeal in election lawsuit
Chris Erwin has filed an appeal to the ruling that a third election be held in the House District 28 race. Erwin had the most votes in both of the earlier elections but a judge ruled that errors occurred in some of the votes that could have changed the outcome of the elections.
Erwin’s opponent, incumbent Dan Gasaway, filed two lawsuits contesting the election results. He was successful in both lawsuits with the judge calling for new elections.
The third election has been set for April 9.
Erwin said Tuesday, “We filed an appeal and believe the Supreme Court needs to look at this case. We are pursuing all of our appellate rights. At the same time, a third election has been ordered for April, so we are also running again full steam ahead for a third straight victory. We will continue to fight for our community’s right to representation.”
Erwin’s opponent, incumbent Dan Gasaway, filed two lawsuits contesting the election results. He was successful in both lawsuits with the judge calling for new elections.
The third election has been set for April 9.
Erwin said Tuesday, “We filed an appeal and believe the Supreme Court needs to look at this case. We are pursuing all of our appellate rights. At the same time, a third election has been ordered for April, so we are also running again full steam ahead for a third straight victory. We will continue to fight for our community’s right to representation.”
Secretary of State opens voter fraud investigation
Following a series of accusations related to the race for House District 28, The Secretary of State’s Investigations Division is investigating potential instances of voter fraud.
“Eliminating voter fraud is essential to strengthening the integrity of Georgia’s elections, which is why I am committed to fighting against crimes that undermine our most fundamental instructions and sow doubt in our communities,” said Secretary of State Brad Raffensperger. “Voter fraud has no place in Georgia’s elections, and my office will exhaust every avenue to investigate instances of abuse and prevent further injustice.”
Superior Court Judge David Sweat ordered a second redo election in response to evidence of voter fraud in the recent election for House District 28 conducted on December 4.
“Preventing electoral fraud is central to the mission of the Secretary of State’s office, and our investigators will continue their important work in guaranteeing free and fair elections for all of Georgia’s communities,” said Deputy Secretary of State Jordan Fuchs. “We look forward to a conclusive result for the voters of House District 28 and will assist in providing support to local elections officials as required.”
The election to select the representative from House District 28 will not be set until a date is ordered by Judge Sweat.
“Eliminating voter fraud is essential to strengthening the integrity of Georgia’s elections, which is why I am committed to fighting against crimes that undermine our most fundamental instructions and sow doubt in our communities,” said Secretary of State Brad Raffensperger. “Voter fraud has no place in Georgia’s elections, and my office will exhaust every avenue to investigate instances of abuse and prevent further injustice.”
Superior Court Judge David Sweat ordered a second redo election in response to evidence of voter fraud in the recent election for House District 28 conducted on December 4.
“Preventing electoral fraud is central to the mission of the Secretary of State’s office, and our investigators will continue their important work in guaranteeing free and fair elections for all of Georgia’s communities,” said Deputy Secretary of State Jordan Fuchs. “We look forward to a conclusive result for the voters of House District 28 and will assist in providing support to local elections officials as required.”
The election to select the representative from House District 28 will not be set until a date is ordered by Judge Sweat.
Three finalists named for public utility director
The top three finalists for the public utility director position have been named by the Banks County Board of Commissioners.
The BOC interviewed candidates for the position on Jan. 30 and then named their top three choices. They are: Tim Bassett, Randolph Rosbury and Horace Gee.
The BOC will consider the appointment at the February 12 meeting, to be held at 6:30 p.m. at the County Annex Building.
For details on the three candidates, see this week's issue of the Banks County News.
The BOC interviewed candidates for the position on Jan. 30 and then named their top three choices. They are: Tim Bassett, Randolph Rosbury and Horace Gee.
The BOC will consider the appointment at the February 12 meeting, to be held at 6:30 p.m. at the County Annex Building.
For details on the three candidates, see this week's issue of the Banks County News.
Judge calls for another election to be held; rules sheriff lives in Banks County
After one hour of deliberation, Judge David Sweat ruled Friday afternoon that a third election be held in the House District 28 race. Dan Gasaway, who lost the election to Chris Erwin by two votes, alleged that 21 votes were illegal or irregular. The judge found that four of those ballots were cast incorrectly. Since the election was decided by two votes, the judge declared another election be held.
One of the ballots questioned by Gasaway in the lawsuit was that of Banks County Sheriff Carlton Speed. Gasaway contended that the sheriff lives in Franklin County. The judge did not agree with this and ruled that the sheriff's vote in Banks County was legal and proper. Sheriff Speed said after the ruling that he was "thrilled with the outcome."
See next week's Banks County News for more details on the trial and photos from the courtroom.
One of the ballots questioned by Gasaway in the lawsuit was that of Banks County Sheriff Carlton Speed. Gasaway contended that the sheriff lives in Franklin County. The judge did not agree with this and ruled that the sheriff's vote in Banks County was legal and proper. Sheriff Speed said after the ruling that he was "thrilled with the outcome."
See next week's Banks County News for more details on the trial and photos from the courtroom.
Gasaway alleges 21 votes were illegal
Dan Gasaway’s lawsuit seeking a third election be held in the District 28 House of Representatives race got under way on Monday.
After seven hours of testimony, the court hearing ended at 5 p.m. with plans to resume at 10 a.m. on Wednesday.
Gasaway is contending that 21 votes were illegal in the Dec. 4 election that he lost by two votes.
That was the second election held for the District 28 seat. Gasaway also filed a lawsuit after the first election contending that illegal votes were cast in that election too, which led to the second election being held.
Gasaway is asking for a third election to be held even though the legislative session is already begun with Chris Erwin being sworn in and serving.
In the court hearing on Monday, Gasaway’s attorney, Jake Evans went over voters who he said voted improperly in the election. Three of the voters also testified about the ballots they cast.
“This case is not about Dan Gasaway; it is not about Chris Erwin,” Evans said. “It is not about House District 28. It is about upholding the democratic principles on which the greatest country on earth was founded. Men gave their life for these principles and it is all of our oblgation to uphold them.
Sandra Denton of Homer testified that when she voted in the second election, she hit “preview” to look over her votes. She said the ballot then popped out of the voter machine. She said she never hit “cast” as is required to complete the voting process. She said she asked if her vote was counted and was told that it was. However, records show that her ballot was not counted.
“I knew that I didn’t hit cast and it upset me,” she said. “It upsets me that I voted and it wasn’t counted.”
Michael Burrell of Mt. Airy testified that when he went to vote he was told that he had already cast a ballot. He said that he did not cast an earlier ballot. He looked at that earlier ballot and said it was not his signature on it.
Burrell reported what happened to Gasaway’s office in Atlanta. After investigation, Evans stated that the earlier vote is the one that was counted.
“My right to vote is very important to me,” Burrell said. “I didn’t like it that my vote wasn’t counted.”
Carrie Akers also testified on the vote she cast in the Dec .4 election. Evans said she has a Cornelia mailing address but lives in Alto.
Patricia Bower and Constance Franklin also testified about their votes in the Dec. 4 election.
“We’re here to make sure elections are property administred,” Evans said.
GASAWAY TESTIFIES
Gasaway also testified on Monday and said he was notified of several errors in the voting process.
“At that point, I was looking for errors,” he said. “We found numerous.”
He said he has had reports of other errors that are not even part of the lawsuit.
“I’ve had people reporting errors to me of disenfranchising in Banks County in the past week that aren’t part of the litigation,” he said.
DEFENDS VOTES
Attorney Brian Tyson stated that all 21 of the votes being contested can be validated.
“Mere speculation is not a reason to overthrow an election,” he said. “There is nothing but speculation in Mr. Gasaway’s allegation.”
COMING UP WEDNESDAY
Court will resume on Wednesday with one of the issues on the agenda is Gasaway’s that Sheriff Carlton Speed’s vote should not be counted since the sheriff does not live in Banks County.
This issue came up several years ago with a ruling that Speed’s property is in the county limits.
After seven hours of testimony, the court hearing ended at 5 p.m. with plans to resume at 10 a.m. on Wednesday.
Gasaway is contending that 21 votes were illegal in the Dec. 4 election that he lost by two votes.
That was the second election held for the District 28 seat. Gasaway also filed a lawsuit after the first election contending that illegal votes were cast in that election too, which led to the second election being held.
Gasaway is asking for a third election to be held even though the legislative session is already begun with Chris Erwin being sworn in and serving.
In the court hearing on Monday, Gasaway’s attorney, Jake Evans went over voters who he said voted improperly in the election. Three of the voters also testified about the ballots they cast.
“This case is not about Dan Gasaway; it is not about Chris Erwin,” Evans said. “It is not about House District 28. It is about upholding the democratic principles on which the greatest country on earth was founded. Men gave their life for these principles and it is all of our oblgation to uphold them.
Sandra Denton of Homer testified that when she voted in the second election, she hit “preview” to look over her votes. She said the ballot then popped out of the voter machine. She said she never hit “cast” as is required to complete the voting process. She said she asked if her vote was counted and was told that it was. However, records show that her ballot was not counted.
“I knew that I didn’t hit cast and it upset me,” she said. “It upsets me that I voted and it wasn’t counted.”
Michael Burrell of Mt. Airy testified that when he went to vote he was told that he had already cast a ballot. He said that he did not cast an earlier ballot. He looked at that earlier ballot and said it was not his signature on it.
Burrell reported what happened to Gasaway’s office in Atlanta. After investigation, Evans stated that the earlier vote is the one that was counted.
“My right to vote is very important to me,” Burrell said. “I didn’t like it that my vote wasn’t counted.”
Carrie Akers also testified on the vote she cast in the Dec .4 election. Evans said she has a Cornelia mailing address but lives in Alto.
Patricia Bower and Constance Franklin also testified about their votes in the Dec. 4 election.
“We’re here to make sure elections are property administred,” Evans said.
GASAWAY TESTIFIES
Gasaway also testified on Monday and said he was notified of several errors in the voting process.
“At that point, I was looking for errors,” he said. “We found numerous.”
He said he has had reports of other errors that are not even part of the lawsuit.
“I’ve had people reporting errors to me of disenfranchising in Banks County in the past week that aren’t part of the litigation,” he said.
DEFENDS VOTES
Attorney Brian Tyson stated that all 21 of the votes being contested can be validated.
“Mere speculation is not a reason to overthrow an election,” he said. “There is nothing but speculation in Mr. Gasaway’s allegation.”
COMING UP WEDNESDAY
Court will resume on Wednesday with one of the issues on the agenda is Gasaway’s that Sheriff Carlton Speed’s vote should not be counted since the sheriff does not live in Banks County.
This issue came up several years ago with a ruling that Speed’s property is in the county limits.
Seabolt named BOE chairman
Anthony Seabolt has been named chairman of the Banks County Board of Education.
The BOE members unanimously voted at a meeting Thursday night for Seabolt to serve in the position.
Shane Roberts was elected to serve as vice chairman of the BOE.
The chairman and vice chairman are elected from the BOE members each January to serve for one year.
For more news from the BOE, see this week's issue of the Banks County News.
The BOE members unanimously voted at a meeting Thursday night for Seabolt to serve in the position.
Shane Roberts was elected to serve as vice chairman of the BOE.
The chairman and vice chairman are elected from the BOE members each January to serve for one year.
For more news from the BOE, see this week's issue of the Banks County News.
BOC approves request for magistrate judge
A request from Banks County magistrate judge Ivan Mote for part-time help in his office was approved by the board of commissioners at the Jan. 8 meeting.
The BOC approved $5,560 to be used through June 30 for a part-time magistrate judge position. The BOC will address the position again at budget hearings to determine if funds will be provided after the end of the year. For the 2019-2020 budget year, the amount needed to fund this position would be $9,120.
Mote provided a letter from the Superior Court judges supporting his request.
“The Superior Court judges of the Piedmont Judicial Circuit have reviewed and assessed your proposal to our court for approval of an additional part-time associate judge to assist with your court’s calendar and administration needs,” chief judge Joe Booth wrote in a letter to Mote. “We appreciate your thorough analysis and detailed informative data that you prepared and provided to our court concerning this request. We feel that your request for an additional part-time associate judge is warranted and at a Superior Court judge’s meeting on Nov. 30, we unanimously approved your request.”
For more information from the BOC meeting, see this week's issue of the Banks County News.
The BOC approved $5,560 to be used through June 30 for a part-time magistrate judge position. The BOC will address the position again at budget hearings to determine if funds will be provided after the end of the year. For the 2019-2020 budget year, the amount needed to fund this position would be $9,120.
Mote provided a letter from the Superior Court judges supporting his request.
“The Superior Court judges of the Piedmont Judicial Circuit have reviewed and assessed your proposal to our court for approval of an additional part-time associate judge to assist with your court’s calendar and administration needs,” chief judge Joe Booth wrote in a letter to Mote. “We appreciate your thorough analysis and detailed informative data that you prepared and provided to our court concerning this request. We feel that your request for an additional part-time associate judge is warranted and at a Superior Court judge’s meeting on Nov. 30, we unanimously approved your request.”
For more information from the BOC meeting, see this week's issue of the Banks County News.
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